CHAPTER VI.

OF THE MANNER OF EXERCISING THE LEGISLATIVE POWER.

THE two houses possess
co-equal powers in regard to originating laws, except those for raising
revenue. which originate only in the house of representatives, but the
senate may propose or concur with amendments as in other bills. Some
doubts have existed as to the policy, or at least the necessity of this
exception. It is introduced, however, into most of the state
constitutions, and may be founded on the utility of keeping this frequent
subject of legislation in a regular system, in order that public credit
may not be impaired by the suggestion of discordant plans, or needless
innovations. In addition to which, it was probably supposed that the
members of the house of representatives, coming more frequently from the
body of the people, and from their numbers combining a greater variety of
character and employment, would be better qualified to judge not only of
the necessity, but also of the methods of raising revenue.

On all other subjects, a bill may originate in either house, and after
having been fully considered, it is sent to the other. If amendments are
proposed, the bill is sent back for concurrence. If the two houses
disagree, either to the bill, as originally trained, or as amended, a
conference usually takes place, and if neither house will recede, the bill
is lost. It is not usual to bring forward another bill on the same subject
during the same session, but it may be done, as it is a mere matter of
parliamentary regulation, and not prohibited by the Constitution.

When a bill has passed both houses, it is presented to the president,
and his share of the legislative duty commences, but it is wisely and
prudently guarded. If he possessed the right of imposing an absolute
negative, it would vest in him too great a power. If he sent back the
bill, with or without its reasons for refusing his assent, and the same
numbers that originally passed it, were still sufficient to give it the
effect of a law, the reference to him would be an empty form. It is
therefore most judiciously provided, that not only every bill which has
passed both houses, but every order, resolution, or vote, on which the
concurrence of both is necessary, except on questions of adjournment, may,
if not approved by him, be returned with his objections to the house in
which it originated. These objections are to be entered at large on their
journal, and the house is then to proceed to reconsider the bill or
resolution; if after such reconsideration, two-thirds of that house shall
agree to pass the bill or resolution, it shall be sent, together with the
objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two-thirds of that house also, the bill
becomes a law, and the resolution becomes absolute. But in all such cases,
the votes of both houses shall be determined by yeas and nays, and entered
on the journals. While this great share of the legislative power is given
to the president, it would be improper to leave it to him indefinitely to
exercise it, without some control in point of time, and therefore it is
provided that if such bill or resolution, are not returned by him within
ten days, (Sundays excepted,) the resolution shall take effect, or the
bill shall become a law, unless congress by their adjournment prevent it;
a consideration which ought to induce the two houses, whenever it if
possible, to prepare matters of importance in either shape, for the
consideration of the president, at least ten days before the time of their
adjournment, otherwise, and particularly when the duration of the session
is limited, measures of high interest may be frustrated for a season.

We might here draw a comparison much to our advantage between our system
and those of the European monarchies, where the absolute negative of the
king depends solely on his own will and pleasure, or on the other hand,
with those ancient republics in which the chief executive magistrates did
not in the smallest degree participate in the legislative power. Our
scheme judiciously steers a middle course. Laws do not originate with the
president, although it is his duty to recommend subjects for consideration
when the public good requires it; but as laws may be unadvisedly and too
precipitately passed even by a double legislature, it may be often
salutary to call them to a reconsideration of their measures, and by
requiring the objections to be entered on the journal, and the yeas and
nays to be recorded, the people, who are the ultimate judges, are enabled
to decide on the soundness of conduct on the part of all. The remedy takes
place at the next election.